Several key Fox News personalities (Sean Hannity and
Laura Ingram, among others) castigated the San Francisco jury for its acquittal
of an illegal alien on murder charges.
In 2015, a young woman Kate Steinle, was shot and killed
while walking along a tourist area beside the Bay. The gun was fired by convicted felon Jose
Zarate who had previously been deported from the United States five separate
times.
The Fox News commentators generally went ballistic,
incredulous that the shooter hadn’t been convicted of murder (although he was
convicted of illegal gun possession).
Motives for the verdict were attributed to left-wing bias, San
Francisco’s “sanctuary city bias”, and sending a message of disapproval to President Trump re his
immigration policies.
What wasn’t credited was the possibility that the jury
had “reasonable doubt” as to the killer’s intent when the trigger was
pulled. That consideration is, after
all, at the heart of America’s criminal justice system. The prosecution has the burden of proof that
there is no “reasonable doubt”. If there
is, the law mandates acquittal. That’s
the consequence of the legal principle that the defendant is presumed innocent
unless evidence is presented which meets this level of proof. That is the American way.
The defense was that the killing was accidental. There was no intent to shoot the gun. Certainly, there was no evidence of a motive,
such as robbery,
Yet the conservatives’ condemnation stressed that a “bad
person” who should not have been in the U.S. escaped justice. The “sanctuary city” policy of San Francisco
was responsible along with the jury.
But that view blurs a critical distinction. Although San Francisco bears responsibility
for the fact that the killing occurred (Zarate should have been in Federal
custody beforehand), the defendant had the right to a trial with all the
safeguards our system of justice requires.
It is certainly appropriate to blame San Francisco policies for the
Steinle death. But that doesn’t mean
that her killer, even as a convicted felon with a horrible immigration record,
should have been convicted of murder (requiring either intent or recklessness).
The Fox News personnel should have known better. Some were lawyers by education who certainly
did.It would appear that for Fox News, in this instance, scoring political points mattered more than intellectual honesty. (Or maybe the analyses were simply sloppy or ill-informed. That’s hardly complimentary, either.)
The shame is that for fellow conservatives like me, Fox
News displayed hypocrisy by engaging in distortions for which liberal outlets
are rightly attacked.
That exposes us to
the criticism that “our” media is no more reliable than “theirs”.
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